N.C. SHARMA, J.—Facts leading to the filing of this Second Appeal are as follows :—

2. On January 23, 1961, Dev Kishan, Mangi Lal and Poonam Chand instituted Civil Original Suit No,. 14/1961 in the Court of the Civil Judge, Nagaur with the averments that there is a "bagichi" just adjacent to Pratap Sagar at Nagaur well-known as "Ramcharan Dasji Ki Bagichi" with a temple of the deity of Shri Sita Ramji in it. This temple is visited by the public of Nagaur for "sewa pooja" and "darashan". About hundred or hundred twenty-five years before there had been a learned saint Shri Ram Charan Dasji and in his life time, his followers had got constructed this "bagichi" for him. On the death of Shri Ram Charan Dasji, his chela remained pujari of the deity of Shri Sita Ramji. The last chela (disciple) was Saint Premdas who expired in miti Mah Budi 8 Samvat 1999. Mahant Premdas had neither appointed any chela as his successor and nor he had left any will in that respect to enable the public to appoint a chela and pujari or mahant of this "bagichi".

3. On the death of Mahant Premdas, one Bhure Khan made an applica-tion to the authorities in Nagaur regarding this "Bagichi" whereupon some escheat proceedings were initiated and the "bagichi" was taken over into possession by the State. The Executive Officer Shri Roshan Lal, on the applica-tion moved by the public, created a trust for the management of this "bagichi" and plaintiffs Nos. 1 and 2, Gopikishan, Nanu Ram Soni, Mohan Lal Rathi, Asha Ram Bhati and Hargovind Chander were appointed as trustees of the "bagichi" and they were entrusted with the duty to look after and manage the movable and immovable properties of the "Bagichi" and also of the perfor-mance of "sewa pooja". Since then the "bagichi" remained under the management of these trustees. Mohan Lal Rathi, Gopi Kishan, Nanu Ram Soni and Asha Ram have expired and on the date of the institution of the suit, plaintiffs Nos. 1 and 2 and defendant No.6 (Har Govird) are the "prabandhaks" of the bagichi. For the performance of "sewa pooja" in the temple of Shri Sita Rarnji located inside the bagichi", the trustees, from time to time, appointed pujari on payment of salary. Following persons remained Pujari during different periods, namely:-

(a) Ram Kishan Shrimalee from miti Mah Budi 12 to Phalgun Budi 15 Samvat 1999;

(b) Baba Jai Siya Ram of Ratan Sagar from Phalgun Budi 1 to Phalgun Budi 15 Samvat 1999;

(c) Modi Sad of Nagaur from Chait Budi 1 to Chait Sudi 15 Samvat 1999;

(d) Laldas Sad from Baisakh Budi 1 to Mah Budi 15 Samvat 2000; and

(e) Nanak Das Sad (father of defendant No. 1) of village Ral from miti Mah Sudi 1 Samvat 2000 to Phalgun Budi 15 Samvat 2007.

4. On request being made by Laxmi Narain (defendant No. 1) and under an oral agreement, he was appointed as pujari to perform "sewa pooja" of the deity of Shri Sita Ramji with effect, from miti Phalgun Sudi 1 Samvat 2007 corresponding to March 8, 1951 on a monthly salary of Rs. 12/- which was accepted by the defendant No. 1. At the time of appointment of the defendant No. 1 as pujari the ornaments of the deity and utensils kept in the "bagichi" for the purpose of picnics held by public as detailed and described in the Schedule annexed to the plaint were entrusted to the defendant No. 1.. The trustees paid monthly salary of Rs. 12/- and other expenses incurred in perfor-mance of "utsavas" in the "bagichi" and the amounts paid were entered in regularly maintained account books. The defendant No. 1 also gave receipts in this regard.

5. The plaintiffs alleged that the trustees were unhappy with the defen-dant No. 1 for the following causes, namely:-

"(a) The defendant No. 1 does not perform "sewa pooja" of the deity of Shri Sita Ramji regularly and properly;

(b) the doors of the temple are not opened for "darashan" in time and "tulcha amrit" and "prashad" is also not distributed. Utsavas are not celeb-rated as before. The defendant No. 1 is a Government employee and also takes tuitions and as such

Click Here to Read the rest of this document